A 23-year-old man has been sentenced for a sexual act with a child in her grandparents’ house in the South East three years ago.
He was found guilty by a Victorian County Court jury of sexually penetrating the then-15 year old in a bedroom at night in 2022.
The man was found not guilty of four alleged sexual offences against another child under 16, who was also the victim’s sister.
At the time, the then 20-year-old man was living at the grandparents’ home.
The victim was visiting. She was asleep when the man entered the bedroom. And she told him twice to stop.
It was a place that the girl should have felt safe, Judge Michael McInerney said in sentencing on 5 August.
Further, the victim was related to the man’s partner.
It had resulted in a deep family rift, according to the victim’s mother. She told the court that “we don’t feel that part of family is family now”.
In sentencing, Judge Michael McInerney noted the offence still clearly impacted on the victim and her mother three years later.
The charge carried a six-year standard jail term with a 15-year maximum. Other adults needed to be deterred from similar acts.
Despite the prosecution calling for a straight jail and parole sentence, the judge opted for a ‘combination’ sentence.
Judge McInerney noted the man had endured unusual series of four aborted trials and other delays.
He had no prior criminal record, an excellent work record but a “difficult” upbringing marred by domestic violence.
His risk of reoffending was assessed as low.
He was said to be at risk of deportation, and being separated from his partner and children.
The man was jailed for nine months, fined $8000 and put on a supervised three-year community correction order of 200 hours of unpaid work as well as therapy.
His jail term includes three months of pre-sentence remand.
He will be on the sex offenders register for 15 years.
